History 101 Constitution Assignment - Essay Example

History 101 Constitution Assignment Background: Why did some leaders in America believe that a new instrument of government was needed at this time? (i.e., directly following the American Revolution). The USA has had a long history ever since its foundation. The Founding Fathers of America participated in the American Revolution by approving the United States Declaration of Independence. Consequently, they participated in the American Revolutionary War. The leaders also established the United States Constitution. Before the approval and implementation of the new US Constitution, the existing 13 member colonies used the Articles of Confederation established and ratified in 1787, by Second Continental Congress as a guide in governing the union (Bederman 89). The national government that operated under the Articles of Confederation proved too weak and therefore could not effectively handle and regulate the numerous conflicts emerging between the states. Therefore, some of the leaders proposed for a new instrument of government to replace the weak one. Due to the emergent weaknesses, the purpose of the Philadelphia Convention was to rectify the weaknesses witnessed in the Articles that had existed even before the conclusion of the American Revolutionary War. Even though the aim of the Convention was to rectify the Articles, some of the leaders in attendance, Alexander Hamilton and James Madison, coming from New York and Virginia respectively, intended to create a new government rather than rectify the existing one (Whittington 119). The two leaders came together and vigorously campaigned for the new Constitution. According to them, improved stability of the Union government was necessary in order to protect commerce and property. Being federalist, they vigorously campaigned for a very powerful central government with a large republic to control factions. According to Hamilton, the common people are ignorant and thus, incapable of ruling themselves (Education Portal 1). Therefore, he asserted that the only people to rule should be the elites. Consequently, since the common people cannot rule, Hamilton proposed of unequal voting qualifications between the elites and common people. Thus, elites need to be accorded higher voting qualifications compared to the common people. However, Thomason Jefferson championed for states? rights as well as the trueness of democratic principles. Unlike Hamilton and his group, Jefferson believed in the capacity of the common man to rule or self-govern (Education Portal 1). Due to this, he supported lowering of voting qualifications of the elite in order to march those of the elite in society. It is therefore true that some leaders wanted a new system of government in order to address several issues related to governing. 2.Using citations from the Constitution, identify and explain the structure and function of the three Branches of government. Is this more in line with “Hamiltonian” or “Jeffersonian” political philosophy? The American Constitution is considered the oldest constitution in the world, and which exists in the contemporary world. Since its adoption and inception on September 17, 1787, it has guided and created governmental institutions within America as well as contributed to the political stability, economic freedom, social progress, and individual freedom in USA for over 200 years (Amar 70). It forms the main instrument of the U.S government as well as the supreme law within America. Its simplicity and flexibility has made it a model for other constitutions in the world. Constitution was established in the 18 century to guide 4 million people. However, after undergoing 27 amendments, the constitution currently serves over 260 million people in 50 different states within the U.S. Since the U.S Constitution forms the central instrument of the government, it provides direction on how the country is governed. It outlines the structure and functions of the three branches of the U.S Government; The Executive Branch; The Judicial Branch and the Legislative Branch (Amar 70). Each branch has specific and essential roles in the government as outlined in Articles 1, 2 and 3 of the U.S Constitution. The Executive Branch It is the first arm of the government and consists of the President, Vice President, 15 Cabinet members, as well as heads of independent agencies. Some of the departments include Defense, Transportation, Interior, and State. The executive branch has its powers vested in the President who chooses the Vice President and cabinet members who oversees operations in respective departments. The key role of the executive branch is to ensure that various laws are enforced and implemented appropriately thereby, facilitating the day – day functions accorded to the federal government (Mann & Norman 112). Some of the responsibilities of the federal government include; representing U.S. economic and political interests, safeguarding homeland, and collection of taxes. The Legislative Branch This branch consists of two branches of Congress namely House of Representatives and the Senate as established by Article 1 of the U.S Constitution. Each state has two Senators thereby making them a 100 in total. However, the States have varying number of representatives depending on the population size. Presently, there are 435 representatives of the House. Therefore, the function of the Legislative branch is to pass the laws of America. Consequently, it allocates funds to be used in running the federal government as well as offering assistance to the 50 states in America (Epps 59). The Judicial Branch This arm of the government entails the Supreme Court of the United States as well as the federal courts. The primary function of the Judiciary is to hear cases challenging legislation as well as interpretation of the legislation. The President nominates nine justices who after confirmation by the Senate have a lifetime appointment (Epps 62). Thus, the three arms of the government have distinct roles whereby none has authority over the other. Due to this, the arms work in unison in bettering the lives of the American people. This form of government is in line with Jefferson’s argument. According to Jefferson, most power should be vested in the states. Consequently, famers and the common citizen in the society should run the government unlike Hamilton’s support for power vested in the elites (Education Portal 1). In the U.S government, the ‘common man’ rules since he participates in the election of Senators, House of Representatives and in electing the President. Since both senators and the members of the House of Representatives represent interests of the electorate, the common man rule by having authority in approving presidential appointees and electing the president through the electoral vote system. 3. Using citations from the Constitution, identify and explain the Checks and Balances system. Is this more in line with “Hamiltonian” or “Jeffersonian” political philosophy? While writing the U.S. in 1787, James Madison had an intention of the system of checks and balances through separation of powers of various institutions thereby, countering the issue of tyranny or domination of the majority (Bederman 92). The system of checks and balances ensures the existence of agreement as well as compromise between the three arms; the Executive, Legislative and the judicial branches of the U.S government. Therefore, the system of check and balances as well as the separation of powers ensures that views of all arms of the government are heard and acted upon appropriately. Thus, the system of checks and balances ensures that Executive, Judiciary, and the Legislative remain independent but coordinate with each other for effective operation of the government as well as preventing usurpations of power. Consequently, it guards the liberty of Americans against mix of government power (Bederman 107). According to the U.S Constitution, the members of the House of Representatives check the Senate. This ensures that members of the House of Representatives must approve any statute before it becomes law. Consequently, it gives the House of Representatives power to determine whether a statute should become law even after approval from the Executive and the Senate. Conversely, the Senate checks on the House of Representatives by ensuring that no statute approved the House of Representatives become law before its approval (Epps 82). However, in case both the Senate and the House approves a statute, the Executive through the President can use its Veto power to restrain the statute into becoming law. In some circumstances, the Legislative through the Senate and the House can amass a 2/3 majority to ensure the passage of a bill by overturning the President’s veto (Epps 95). The President can also be impeached by the Senate on amassing a 2/3 majority vote. Therefore, the President has to work within the law in order to avoid being impeached by the Senate. Consequently, by use of power of discrimination, the Legislative checks on the Executive on appropriation of funds within its use. Therefore, the Legislative checks on the powers of the Executive to ensure that such powers are not abused in passing laws or misappropriation of funds that does not suit the interests of Americans (Amar 78). Further, the system of checks and balances ensures that the Executive through the President seeks consent from the Senate before implementation of treaties signed with foreign nations. The Executive must also seek the approval of the Senate in appointing persons to important positions within the Executive (Amar 80). Such check on the Executive ensures that the President does not appoint or reward cronies with important positions in the government. Therefore, the Senate vets the nominees before official appointment to various important positions. The Legislative also has powers to carry out investigations of the Executive to check whether funds are spent properly as well as proper enforcement of laws. Consequently, the Executive checks on the Congress by use of discretionary powers concerning important matters such as creation of military bases, construction, and improvement of important navigable rivers as well as interstate highways. With regard to the Judiciary, it has the power to check and review all laws approved by the Legislative and determine whether such laws are constitutional (Bederman 112). Conversely, the Congress has restraining powers over the Judiciary with constitutional mandate of restricting its jurisdictional extent. This role ensures that the judiciary does not use its power to make wrong rulings. The Legislative branch also has authority to impeach any member of the Judiciary found guilty of misdemeanors, treason, or committing high crimes. Consequently, the U.S Constitution accords the Executive the power to nominate new judges in the Judiciary. However, the Senate checks on both the Judiciary and the Executive by having the authority to approve or disapprove such nominations (Bederman, 125). The check ensures that the Executive does not nominate cronies to the Judiciary as a form of reward for support accorded during the campaigns. The only disadvantage of the system of checks and balances is that it encourages stalemate within the government as currently witnessed. This is in contrast to its intention of promoting politics of compromise, bargaining and reducing rivalry or infighting among the various arms or bodies of government. The checks and balances system is in line with Jefferson’s philosophy of states? right as well observation of democratic principles. The U.S Constitution accords power to the citizens or ‘common man’ through respective State representatives who can contain the power bestowed on the federal legislative (Education Portal 1). This is possible when ? of the States fail to ratify recommended Constitutional Amendments. Consequently, the Constitution gives authority to the citizens to check on both the Executive and Legislative by voting for their leaders. For instance, Americans vote for the Representatives after every 2 years, Senators after an interval of 6 years and the President after a period of 4 years. By choosing these leaders, Americans therefore have an influence on the Judiciary and its potential composition. Since every American citizen capable of voting can choose his or her leader, the Constitution recognizes the Jefferson’s belief in the capacity of the common people to rule by choosing their leaders (Education Portal 1). Consequently, Jefferson believed in the need for equal voting rights for all citizens and this only happens when voting qualifications are lowered, and thereby enabling everyone to vote. 4. Using citations from the Constitution, explain the nature as well as the continuing impact of the Bill of Rights. Is this more in line with “Hamiltonian” or “Jeffersonian” political philosophy? The term Bill of Rights refers to the first ten amendments to U.S Constitution. It resulted from Anti- Federalists such as Samuel Adams, Thomas Jefferson, Patrick Henry, and Richard Henry Lee who by then had opposed the ratification of the new Constitution (Amar 128). The Anti-Federalists feared federalism and considered it a threat to individual rights as outlined in the ratified Constitution. Consequently, they argued that federalism would make a president who would later become a king. Therefore, they introduced amendments that would guarantee their personal freedom, reduce government’s power and influence judicial proceedings, and keep some powers to the public and the state. The federalist who supported the Constitution opposed the amendments that would guarantee Bill of Rights during the ratification period. Initially, the amendments applied to the federal government but later, some of the provisions have been used to the states through the Fourteenth Amendment. This process is known as incorporation (Amar 135). James Madison introduced the amendments to the first US Congress as subsequent legislative articles. The House of Representatives adopted the legislative articles in 1789. However, the amendments got implemented and considered Constitutional Amendments in 1791 after being ratified by three fourths of the member states (Bederman 125). Even though Congress proposed twelve amendments, only ten were ratified with one of the remaining two being ratified 203 years later and considered the Twenty seventh Amendment. The remaining amendment awaits ratification by the states. The Bill of Rights provides freedoms or rights that are not clearly stipulated in the US Constitution. These rights include freedom of speech, freedom of religion, right to own and keep arms, freedom of press, and a free assembly. Consequently, it provides freedom from unfair seizure and search, security in private affairs and freedom from unreasonable arrests warrants. The Bill also guarantees a quick public trial conducted by unprejudiced jury as well as embargo on double jeopardy (Bederman 127). Consequently, the Bill of Rights provides for the American citizens any rights not stipulated in the Constitution. It also accords the citizens all powers not expressly given to the federal government to the States or the American people (Bederman 130). The Bill of Rights has experienced slight judicial influence for the first 150 years since it came into being and has been the basis for several Supreme Court rulings in the contemporary world. The Bill of Rights is in line with Jefferson’s philosophy whereby he advocates for states’ rights. He never wanted a strong federal government since it would deny the States powers to govern and make decisions on pertinent issues to the states (Education Portal 1). By recognizing the Bill of rights, the Constitution is in line with Jefferson’s philosophy on the democratic principles. Consequently, by championing for personal freedom as well as rights to vote, the Bill of Rights supports Jefferson’s view on lowering voting rights to ensure everyone votes regardless of social status, race, ethnic background, financial status, or level of education. Therefore, all American citizens are equal and can govern themselves within various States, thus the need for recognition of States? right by giving them more power. 5. Conclusion Page: Your assignment must state how the political philosophy of the Constitution developed or changed after ratification, either through Amendments or interpretation in court cases. The political philosophy of the US Constitution has developed and changed since its ratification in 1787. The change is due to the various amendments and interpretation of court cases. The aim of the changes and development is to meet certain targets as well as solve some emerging issues (Amar 131). Therefore, certain clauses have been added to the constitution as well as subsequent interpretation of various clauses to suit certain emerging needs as well as increase public confidence in the supreme law of the land. The first ten amendments to the U.S Constitution promote the development of human rights through the famous Bill of Rights. In the First Amendment, the U.S Constitution acknowledged and granted its citizens various rights such as freedom of religion, speech, and press, right to peaceful assembly and the right to petition government on various grievances (Mann & Norman 115). In the Second Amendment, the U.S Constitution advocates for the right of Americans to possess bear or own arms for protection purposes. Consequently, the Fourth Amendment recognizes the right of Americans to remain secure in their houses, papers, effects, and protection from unreasonable seizures and searches. Thus, the constitution recognizes the need for improvement of human values, and thereby bettering the lives of Americans. Further, the Fifth Amendment ensures protection of American citizens from unjust prosecution or forceful testifying in a court. In addition, the amendment ensures that Americans are not deprived of liberty, property and life or forceful acquisition of property without proper compensation. Consequently, the Sixth Amendment advocates for the right of Americans to speedy as well as public trial by unbiased jury as well as update on the nature of crime committed, compulsory witness acquisition, as well as Assistance of the Counsel for defense purposes (Mann & Norman 121). Consequently, the 13th Amendment superseded part of Article IV section 2 of the American Constitution that bans the practice of slavery within U.S.A and the entire world. The amendment ensures that no American citizen is held as a slave. The introduction of the amendment therefore, protects Americans from leading a harsh life of slavery. Subsequently, the 16th Amendment has changed the political philosophy of the U.S Constitution by granting everyone naturalized or born in America the right to become citizens of USA (Epps 127). Therefore, such persons shall enjoy all privileges and immunities of US citizens such as right to liberty, life, right to own property. Nobody should be denied such rights not even by any State without proper procedure of law. In addition, the 19th Amendment recognizes the right to vote for all Americans irrespective of sex and that no State should deny any citizen such right. This changes the political philosophy of the US Constitution as it grants the right to vote to all persons regardless of sex, race, color and ethnic background. Consequently, the 26th Amendment modified the 14th Amendment of section 2, of the US Constitution. The amendment changes the political philosophy of the US Constitution by ensuring that all American citizens aged 18 years and above are accorded the right to vote and that such right shall not be denied by the US or any State (Mann & Norman 130). Therefore, constitutional amendments and interpretation of court cases have contributed to the development and change in the political philosophy of the US Constitution. This is by acknowledging and upholding the Bill of Rights of the American people. Consequently, it brings changes in the government and independent agencies whose operations affect the lives of Americans. Works Cited Amar, Akhil R. America's Unwritten Constitution: The Precedents and Principles We Live by. New York: Basic Books, 2012. Print. Bederman, David J. The Classical Foundations of the American Constitution: Prevailing Wisdom. Cambridge: Cambridge University Press, 2008. Print. Education Portal. Hamilton and the Federalists vs. Jefferson and the Republicans. Retrieved December 6, 2013 from http://education-portal.com/academy/lesson/hamilton-and-the- federalists- vs- jefferson-and-the-republicans.html#lesson Epps, Garrett. American Epic: Reading the Us Constitution. , 2013. Print. Mann, Thomas E, and Norman J. Ornstein. It's Even Worse Than It Looks: How the American Constitutional System Collided with the New Politics of Extremism. New York: Basic Books, 2012. Print. Whittington, Keith E. "Constructing A New American Constitution." Constitutional Commentary 27.1 (2010): 119-137. Academic Search Complete. Web. 6 Dec. 2013. Read More